If the decree concerning the appointment of a support administrator,
following verification that it is impossible for an individual to provide
for his own interests, is an instrument for conferring the assignment
upon the person chosen by the individual concerned, irrespective of the
validity granted to any possible advance health care directives contained
in the act of designation or in any case communicated by the
person concerned but not acknowledged by the probate judge in the
appointment decree, the intervention of a judge is indispensable in
order to guarantee that the person of trust chosen by the patient can
act to ensure that his wishes are respected.
In the absence of a regulatory framework with regard to a living will
as an instrument for extending and guaranteeing the autonomous
decision-making of a patient, the expression of a will that directly produces
results, without the necessary mediation of a judicial ruling, both
regarding the contents of the advance health care directive as well as
the designation of the trustee,43 and despite the aforementioned limitations
and critical aspects highlighted in the mechanism of support
administration, the regulation of this system could enable today the
appreciation, at least in anticipation of a more systematic, necessary
regulatory intervention, of the wishes expressed by a person who, subsequent
to the conscious expression of these wishes, fears that he will
not be able to act autonomously, thence to implement them directly,
and so makes arrangements for others to speak on hi